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WELLS FARGO BANK, N.A. v. AMERICAN NATIONAL BANK AND TRUST COMPANY

No. COA15-689.

791 S.E.2d 906 (2016)

WELLS FARGO BANK, N.A. a/k/a Wachovia Mortgage, a division of Wells Fargo Bank, N.A., and f/k/a Wachovia Mortgage, FSB f/k/a World Savings Bank, FSB, Plaintiff, v. AMERICAN NATIONAL BANK AND TRUST COMPANY, successor by merger to MidCarolina Bank, Defendant.

Court of Appeals of North Carolina.

Filed: November 1, 2016.

Attorney(s) appearing for the Case

Roberson Haworth & Reese, P.L.L.C., by Alan B. Powell , Christopher C. Finan , and Matthew A.L. Anderson , for plaintiff-appellee.

Clement Wheatley, by Darren W. Bentley , for defendant-appellant.

This case presents an issue of first impression involving N.C. Gen. Stat. § 45-36.6(b), a statute that permits rescission of a notice of satisfaction for a security instrument if that instrument was "erroneously satisfied."

The parties have two competing interpretations of the phrase "erroneously satisfied." Wells Fargo...

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